New Jersey work injury attorneys Rispoli & Borneo, P.C. have been protecting the rights of injured workers for decades. Guided by a passionate zeal for the law and a determination to get justice, we are a law firm that New Jersey residents can count on for successful results. If you would like to know more about our firm, or if you would like to discuss your personal legal matter in further detail, please contact us for a free consultation.
Can I sue my employer for a workplace injury?
In general, you are unable to sue your employer for a workplace injury. This is because a workers’ compensation system has been developed to protect both employers and employees. The system requires the employer to pay a certain amount into a workers’ compensation insurance policy, and if an employee is injured on the job, he or she can then collect payments from the insurer to cover their losses. This system can benefit both parties: employees do not have to prove negligence or liability, and the employer does not have to worry about being sued by an employee. If you have been injured on the job, you can go through the workers’ compensation process rather than filing a personal injury claim. New Jersey work injury attorneys can explain this process to you or help you file it to ensure you get maximum compensation.
In general, injured workers may seek compensation through a workers’ comp claim rather than through a lawsuit. However, there are a few exceptions where a lawsuit may be permissible. These include:
- Accidents that were caused by a defective product
- The employer does not have workers compensation insurance
- The injury was caused by a third party
- The injury was caused by exposure to toxic substances, like asbestos
- The injury was caused by the intentional actions of the employer
If work injury attorneys in New Jersey believe your employer caused you intentional harm, a tort might be filed in civil court. Tort injuries are complex, but can stem from:
- Intentional infliction of emotional distress
- Invasion of Privacy
- Unlawful Trespass
- Assault and/or battery
- False imprisonment
For more information on tort injuries, please call New Jersey work injury attorneys.
Benefits of Filing for Workers Compensation
The workers comp system has several benefits for the injured employee. For instance, a lawsuit can take several years before being settled, whereas a workers’ comp claim might only take a few weeks. This will help the employee cover the costs of everyday expenses sooner rather than later. Furthermore, a lawsuit does not always guarantee compensation and could require the case to go to trial. This can carry a risk of losing and receiving absolutely nothing. New Jersey work injury attorneys may get compensation quickly and without any risk of losing out on what you may deserve.
Rispoli & Borneo, P.C. Is on Your Side
As with any legal matter, it’s important to find out what a lawyer has to say. For a complimentary consultation with New Jersey work injury attorneys, please call (908) 353-0800.